This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

80195 

Vol. 88, No. 221 

Friday, November 17, 2023 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 21, 50, and 52 

[NRC–2023–0166] 

Draft Regulatory Guide: Dedication of 

Commercial-Grade Items for Use in 

Nuclear Power Plants 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft guide; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft Regulatory Guide (DG), 

DG–1415, ‘‘Dedication of CommercialGrade Items for Use in Nuclear Power 

Plants.’’ This DG is the proposed 

Revision 1 of Regulatory Guide (RG) 

1.164 of the same title. This DG 

describes methods that the NRC staff 

considers acceptable in meeting 

regulatory requirements for dedication 

of commercial-grade items and services 

used in nuclear power plants. 

DATES: Submit comments by December 

18, 2023. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0166. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Amir Mobasheran, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–8112; email: Amir.Mobasheran@

nrc.gov and Deanna Zhang, Office of 

Nuclear Reactor Regulation, telephone: 

301–415–1946; email: Deanna.Zhang@

nrc.gov. Both are staff of the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2023– 

0166 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0166. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. DG–1415 is 

available in ADAMS under Accession 

No. ML23187A531. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2023–0166 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Additional Information 

The NRC is issuing for public 

comment a DG in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

The DG, entitled ‘‘Dedication of 

Commercial-Grade Items for Use in 

Nuclear Power Plants,’’ is temporarily 

identified by its task number, DG–1415. 

This proposed revision of the guide 

(Revision 1) updates the guidance to 

provide additional clarification on 

NRC’s counterfeit, fraudulent, and 

suspect items definition. This proposed 

revision also adds regulatory language 

to provide additional clarity on 

requirements applicable to dedication of 

commercial-grade items. In addition, 

several editorial changes were made to 

conform to the current format and 

content of RGs. 

The staff is also issuing for public 

comment a draft regulatory analysis 

(ADAMS Accession No. ML23187A534). 

The staff developed a regulatory 

analysis to assess the value of issuing or 


khammond on DSKJM1Z7X2PROD with PROPOSALS
80196 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 

revising a regulatory guide as well as 

alternative courses of action. 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Proposed Rules’’ section of the Federal 

Register to comply with publication 

requirements under 1 CFR chapter I. 

III. Backfitting, Forward Fitting, and 

Issue Finality 

Issuance of DG–1415 as a final RG 

would not constitute backfitting as that 

term is defined in § 50.109 of title 10 of 

the Code of Federal Regulations (10 

CFR), ‘‘Backfitting,’’ and as described in 

NRC Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests;’’ affect the issue finality of an 

approval issued under 10 CFR part 52, 

‘‘Licenses, Certifications, and Approvals 

for Nuclear Power Plants;’’ or constitute 

forward fitting as that term is defined 

and described in MD 8.4 because, as 

explained in DG–1415, licensees would 

not be required to comply with the 

positions set forth in the DG. 

IV. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: November 13, 2023. 

For the Nuclear Regulatory Commission. 

Stephen M. Wyman, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–25422 Filed 11–16–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 21, 50, and 52 

[NRC–2023–0167] 

Draft Regulatory Guide: Evaluating 

Deviations and Reporting Defects and 

Noncompliance 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft guide; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft Regulatory Guide (DG), 

DG–1416, ‘‘Evaluating Deviations and 

Reporting Defects and Noncompliance.’’ 

This DG is the proposed Revision 1 of 

Regulatory Guide (RG) 1.234 of the same 

title. It describes methods that the NRC 

staff considers acceptable for complying 

with the provisions of NRC regulations. 

DATES: Submit comments by December 

18, 2023. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0167. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Amir Mobasheran, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–8112; email: Amir.Mobasheran@

nrc.gov and Deanna Zhang, Office of 

Nuclear Reactor Regulation, telephone: 

301–415–1946; email: Deanna.Zhang@

nrc.gov. Both are staff of the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2023– 

0167 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0167. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. DG–1416 is 

available in ADAMS under Accession 

No. ML23187A549. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2023–0167 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Additional Information 

The NRC is issuing for public 

comment a DG in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 


khammond on DSKJM1Z7X2PROD with PROPOSALS